Cancellation of an employee's leave

It may happen that your employee is on holiday and it appears that he is indispensable in the company.  Can you cancel his leave?  Yes, but under certain conditions.  First of all, you can do so when the circumstances occured that could not have been predicted at the start of leave of the employee.  Return of the worker must be necessary for ensuring the proper performance of work. You can cancel your employee's leave if, for example, there is fire, flood, breakdown of equipment or control or illness of replacement staff.

The provisions do not require the worker to inform the employer about where he wants to spend his leave  At the time of tcancelling the employee's leave it is advisable to specify a date of appearing at work in order for an employee to comply with it (taking account of the place where the worker is staying, the means of transport available, etc.). Similarly, no provision requires the employer to a particular form of cancelling the leave - it may be any form of communication (e-mail, telephone conversation, etc.).  Please note that the employee should receive information on cancellation of his leave.

If the employee fails to appear in spite of receiving the information, he breaches the responsibilities of the employee and the employer may even terminate the employment contract without notice.

What can a worker do?

The employee whose leave has been cancelled is obliged to interrupt his leave and come to work, regardless of the subjective assessment of circumstances. If it turns out that cancellation of the employee's leave is unlawful, the worker is entitled to compensation.

An employee has the right to apply for reimbursement of the costs incurred in the context of cancellation, such as non-refundable booking of accommodation or travel.  This also applies to the worker's family if they were forced to interrupt their leave due to the request of the employer.  As an employer, you are obliged to cover the costs incurred by the employee in connection with the interruption of his leave.

The worker should also treat the interruption of leave as transfer of the unused part of the leave to a later date.

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